In July 2024, the STJ (Superior Court of Justice) judged Repetitive Theme 1237, and decided once and for all that the Selic interest received in the face of the repetition of undue tax is characterized as Gross Operating Revenue, forms part of the calculation basis for cumulative Pis/Cofins, and is part of the broad concept of Gross Revenue.
The practical consequence of such decision was the legal uncertainty generated for all taxpayers who calculated and collected Pis/Cofins differently over the 5 years immediately prior to the definition of Repetitive Theme 1237 of the STJ, that is, who applied the rate provided for in Decree 8,426/2015, and followed repeated guidelines from the Federal Revenue Service.
There are many reports of taxpayers facing Federal Revenue inspections, and paying special attention to the tax treatment attributed to the Selic rate on recovered taxes.
If any inspection results in a fine, the defense will be available in the administrative and judicial spheres based on sound legal arguments.
The problem is the insecurity created, which ends up justifying the popular saying that “in Brazil, even the past is uncertain.”
